D.H. Waghela, C.J. (Oral):

1. 14 petitioners, posing as agriculturists and permanent residents of P. Dasapura village, Kasaba Hobli, Chennarayapatna Taluk, Hassan District, have approached this Court “for and on behalf of the villagers of P. Dasapura and public at large”. It is specifically averred in the first paragraph of the petition that the petitioners have no individual claim or interest whatsoever in the subject matter of this petition. It is also averred at the outset that land bearing Sy.No.31 and 34 to 40 of P. Dasapura village, measuring 111.2 acres including tank measuring 21 acres 10 guntas is a government land reserved for public purpose, and 44 acres 8 guntas is classified as gomal land and that there are about 680 livestock of different kinds.

2. It is alleged by the petitioners with a supporting affidavit that respondent Nos.5. to 12 and several others have encroached on the vast extent of gomal land with an intention to grab it, while all of them are sufficiently owning agricultural land which disentitles them to claim regularization of their unauthorized occupation. It is acknowledged in the petition that respondent Nos.5 to 12 have been approaching Revenue Authorities to enable them to regularize their unauthorized occupation since the year 1991 and litigations are being carried on in the appropriate for a till now. The grievance sought to be voiced in the petition is that, even after rejection of petition in respect of regularization, all the Revenue Authorities have failed to take any action to evict respondent Nos.5 to 12 and representations of the petitioners in that regard have gone in vain.

3. Upon the notice being issued to the respondents, affidavits are filed by some of the petitioners, as well as the respondents. It is sated on oath in the statement of objections. It is stated on oath in the statement of objection of respondent Nos.5 to 12, that petitioner No.1 is not residing in P. Dasapura village and all the petitioners have personal interest in the subject matter of the petition, while no public interest as alleged is involved. Infact, petitioner Nos.1, 4, 11, 12, 13 and 14 have filed their own applications in Form No.50 seeking grant of lands in their own names and petitioner Nos.5, 6, 7 and 9 have also filed claims for grants in their favour by application in form No.50 through their family members. That the petitioner No.1 is the President of Bagur Grama Panchayath since 16.12.2011 and is in active politics. Besides agricultural lands, he also owns and possesses residential building in Chennarayapatna Town. The petitioner No.12 is also an active politician and was the Chairman of Bagur Grama Panchayath during the year 2009. Similarly, petitioner No.13 is also an active politician and was a member of Bagur Grama Panchayath. According to respondent Nos.5 to 12, petitioner No.2 is a fictitious person. Besides denying and disputing several averments of the petition, it is further stated that total number of cattle in P.Dasapura village are less than 362 and petitioner No.14 has wrongfully obtained an order of grant in respect of land bearing Sy.No.40 of P. Daspura village, by an order of the Tahsildar made in the year 2000, which order was subsequently challenged and set aside. It is specifically averred, that major part of the lands in question are not gomal lands and respondents are eligible for grant of such lands, With case numbers and details of the litigations, it is also stated that there are civil suits fought among the parties for a long period of time on the same subject matter of occupation of land. It is alleged by respondent Nos.5 to 12 that the petitioners having failed in their attempts to get the grants in their favour they have obtained a resolution dated 17.08.2012 by exerting their influence and prevented regularization of lands in favour of the respondents. Thus, in the guise of public interest, the petitioners have filed the present petition on false, fraudulent,